Mens Rea

Question 1

What is recklessness?

Answer 1

Where a person…

• is aware that a risk exists or will exist
• is aware of an outcome where risk will exist

…and in the circumstances known to them it is unreasonable to take that risk

Question 2

How does awareness effect crimes of intent?

Answer 2

The person committing the crime must be aware of the circumstances and that awareness is subjective.

• remember the children who set fire to a bin expecting it to burn out; whilst a reasonable person would have foreseen the risk to leaving it to burn the children genuinely did not and so did not commit a criminal damage offence from the resulting high value damage

Question 3

What is transferred mens rea?

Answer 3

If someone goes to commit an offence but somehow ends up with a different victim from the intended one being the subject of the offence then the liability for that offence will be carried by the suspect. As long as the mental intent of the offence is the same the suspect will be responsible regardless of who it effects (think of the persons attempting to attack one person, missing, and attacking someone else - they are still guilty of that assault as the mental element all remains the same; to cause harm).

If they intend to cause one offence but end up causing a completely different one - they may not be guilty of it (think throwing a rock into a crowd, intending to hurt someone, but missing and breaking a window; no offence as there was no intent to destroy or damage)

This applies to accessories as well; if someone encourages and offence and the person they encouraged goes off and commits a completely different one or targets a different victim; the accessory is not liable. If however, in the course of committing the exact encouraged offence, some other offence is caused with it; the accessory is liable (think someone assaulting someone and a third person getting hurt; the accessory is liable)